Please read the Terms of Service carefully before using or accessing the website currently located at www.intuli.com (“site”). By accessing or using the site you are agreeing to the Terms of Service. If you do not agree to the terms, you are not authorized to use the site. The Terms are entered into between Intuli, LLC. (“Intuli”) and the individual accessing and using the site or, you are accessing or using the site on behalf of a company or other entity, such company or entity (“you”). The Terms may be altered by Intuli without notice to you, and the Terms, as altered, govern your use of the site.
Access and Use
The Site contains information about Intuli and its various products and services (collectively, “products”). Intuli reserves the right, for any reason, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the site, including, but not limited to, information, data, text, graphics, messages or other materials (“content”) and features, and Intuli will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
In order to access certain content or otherwise use certain areas of the site, Intuli may require that you provide certain information about yourself and/or register with the site. You agree to provide true, accurate, current and complete information as prompted by the applicable form(s). If you provide any information that is untrue, inaccurate, not current or incomplete, or Intuli has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intuli has the right to refuse any and all current or future use of the site (or any portion thereof) by you. If you are required to register, you will designate a user name and password during the registration process. You are responsible for maintaining the confidentiality of the user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. Intuli will not be liable for any loss or damage arising from your failure to comply with the foregoing.
Proprietary Rights
Intuli and/or its licensors own and retain all ownership and proprietary rights in and to the site, including, without limitation, all intellectual property rights therein. You do not acquire any right, title or interest in and to the site or any such intellectual property rights, other than the limited right to access and use the site for purposes authorized by Intuli. Except as expressly authorized by Intuli, you agree not to download, modify, duplicate, rent, lease, loan, sell, distribute or create derivative works based on the site or its content, in whole or in part, nor may you use any of these items for any commercial purposes.
Intuli and the Intuli logo and other Intuli product and service names are trademarks of Intuli. You agree not to display or use the Intuli marks in any manner without Intuli’s express, prior written permission. Any other trademarks and proprietary designations displayed on the site or in its content are the property of their respective owners, as designated.
Your Responsibilities
You will not, in connection with your use of the site: (a) upload, post, make available or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam” or any other form of solicitation; (b) upload, post, make available or transmit by means of the site any material of any kind which violates, plagiarizes, or infringes the intellectual property or proprietary rights of any third party, or any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) violate any applicable local, state, or federal law, rule or regulation; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the site; (f) interfere with or disrupt the integrity or performance of the site or disobey any requirements, procedures, policies, or regulations of networks connected to the site; (g) attempt to gain unauthorized access to the site; or (h) use the site other than for the purposes authorized by Intuli (collectively, “Prohibited Conduct”).
Disclaimer
The site, including all content, is provided on an “as is” and “as available” basis. Intuli does not guarantee that the site, or any content, will be timely, accurate, secure, interpreted or error free, that defects will be corrected, or that the site will meet the user’s expectations or requirements.
Limitation of Liability
Intuli is not liable for any damages in connection with the use or inability to use the site including any content (including, without limitation, and damages for loss of profits, business interruption, loss of business information, or other loss), even if aware of the possibility of such damages. Intuli’s liability for claims in connection with the site, it’s use or the inability to use the site, will not exceed $10.00 (10 USD). Except as expressly provided otherwise in a written agreement between you and Intuli, this site, and all materials and products accessible through this site, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. The use of Intuli products or the downloading or other use of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities.
Intuli assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any products or materials offered through the site. No advice or information, whether oral or written, obtained by you from Intuli or through or from the Site shall create any warranty not expressly stated in the terms of use. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
Privacy
Intuli’s Privacy Policy providing the terms and disclosures relating to the collection and use of your personal information may be viewed at www.Intuli.com/privacy-policy, and may be modified by Intuli from time to time.
Links to Third Party Sites
The site may provide links to other Internet sites or resources owned, controlled or operated by third parties. Intuli has no control over or responsibility for such sites and resources, even if identified on the site as a “partner” site. You agree that Intuli is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Intuli provides these links to you only as a convenience. You acknowledge that your use of such sites or resources is governed by separate terms and privacy policies.
Termination
Intuli may, in its sole discretion, terminate your access to and/or use of the site for any reason without prior notice. Upon any such termination, you must immediately cease any and all use of the site. You acknowledge and agree that Intuli may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the site. Intuli will not be liable to you or any third party for any termination of your access to the site.
General
The Terms may not be assigned by you without the prior written consent of Intuli. Any unauthorized assignment or transfer shall be null and void. The Terms shall inure to the benefit of and be binding upon each party’s permitted successors and assigns. The validity, interpretation, construction and performance of the Terms shall be governed by the laws of the State of Washington, excluding its conflict of laws principles. The Washington state courts of Snohomish County, Washington (or, if federal courts have exclusive jurisdiction, the United States District Court for the Western District of Washington) shall have exclusive jurisdiction and venue over any dispute arising out of or relating to the Terms, and each party hereby consents to the jurisdiction and venue of such courts. If for any reason a court of competent jurisdiction finds any provisions of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the economic intent of the parties, and the remainder of the Terms will continue in full force and effect.